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Re: GNU licenses


From: Alfred M. Szmidt
Subject: Re: GNU licenses
Date: Sun, 3 Sep 2006 19:47:07 +0200 (CEST)

   > There is no "unintentional" or "automatic" licensening involved,
   > you _explcitly_ accepted the license at the point where you
   > either modified the program or distributed it.

   No.  If somebody mixes GPLed software with his own and distributes
   the result under a proprietary license, _nobody_ may assume
   acceptance of the license.

If this sombody did this, they accepted all the terms of the GNU GPL:
Therefore, by modifying or distributing the Program (or any work based
on the Program), you indicate your acceptance of this License to do
so, and all its terms and conditions for copying, distributing or
modifying the Program or works based on it.

   No such thing happens.  There is no acceptance and redistribution
   under the GPL, unless one consciously redistributes under the GPL.

"Therefore, by modifying or distributing the Program (or any work
based on the Program), you indicate your acceptance of this License to
do so, and all its terms and conditions for copying, distributing or
modifying the Program or works based on it."

You can only "consciously" modify and redistribute something.  It is a
consious act.  And if you do this act, you have accepted the license.
If you do not do this act, then you do not have permission to modify
or redistribute the program.

   > |   5. You are not required to accept this License, since you have
            ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

   "You are not required to accept this License."  Do you understand what
   that means?  Read it word for word and try to understand it.

You missed: However, nothing else grants you permission to modify or
distribute the Program or its derivative works.  These actions are
prohibited by law if you do not accept this License.

If you do not accept the license, then you do not have any permission
whatsoever to modify or distribute the program.  It is quite simple.

   For example, if somebody combines a GPLed program and proprietary
   stuff and distributes the combination to you, you can't spout "by
   distributing the GPLed program, he explicitly accepted the license,
   so I got this under the GPL and may redistribute as I see fit."

I can "spout" exactly that: Therefore, by modifying or distributing
the Program (or any work based on the Program), you indicate your
acceptance of this License to do so, and all its terms and conditions
for copying, distributing or modifying the Program or works based on
it.

The person incoperated code which is licensed under the GNU GPL into
his non-free program, he has shown his acceptance of the license.  He
did so knowingly, and he knowingly accepted the license and all the
terms of the license when he modified or distribute the program.

I'll cite you section 5 since you suffer from aixelsyd:

  5. You are not required to accept this License, since you have not
     signed it.  However, nothing else grants you permission to modify
     or distribute the Program or its derivative works.  These actions
     are prohibited by law if you do not accept this License.
     Therefore, by modifying or distributing the Program (or any work
     based on the Program), you indicate your acceptance of this
     License to do so, and all its terms and conditions for copying,
     distributing or modifying the Program or works based on it.
 




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